Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See §
220-3A.
This chapter is hereby adopted:
A. In accordance with the requirements and purposes [including Sections 604 and 605 or their successor section(s), which are included by reference] of the Pennsylvania Municipalities Planning Code, as amended; and
B. In accordance with goals and objectives of the Columbia Comprehensive Plan, which are hereby included by reference.
All of the enforcement, violations and penalty provisions of the State Municipalities Planning Code, as amended, are hereby incorporated into this chapter by reference. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 616.1, 617 and 617.2 of such Act.)
A. Violations. Any person who shall commit or who shall permit any of the following actions violates this chapter:
(1) Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, or the excavation of land to prepare for the erection, construction or alteration of any structure or portion thereof.
(2) Placement of false statements on or omitting relevant information from an application for a zoning permit.
(3) Undertaking any action in a manner which does not comply with a zoning permit.
(4) Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval.
(5) Violation of any condition imposed by a decision of the Borough Council in granting a conditional use.
(6) Failure to secure a demolition permit prior to demolition of a building.
(7) Failure to obtain a certificate of appropriateness where required under Chapter
130, Historic District.
B. Enforcement notice. If the Borough has reason to believe that a violation of a provision of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the State Municipalities Planning Code. Prior to sending an official enforcement notice, the Zoning Officer may at his/her option informally request compliance.
C. Time limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this chapter, and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board.
D. Causes of action; enforcement remedies. The causes of action and enforcement remedies provisions of the State Municipalities Planning Code, as amended, are hereby incorporated by reference. (Note: As of the adoption date of this chapter, such provisions were in Section 617 of such law.)
(1) Enforcement action. If the enforcement notice is not complied with promptly, the Zoning Officer shall notify Borough Council. Borough Council may request the Borough Solicitor to institute in the name of the Borough any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign, landscaping or land in violation of the provisions of this chapter or the order or direction made pursuant thereto. The Zoning Officer or Assistant Zoning Officer shall have the authority to initiate a civil enforcement proceeding before a District Justice, within the procedures established by Sections 616.1, 617, 617.1 and 617.2 of the Pennsylvania Municipalities Planning Code, as amended, which are hereby incorporated by reference.
(2) Violations and penalties. Any person who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500, plus all court costs, including the reasonable attorney's fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.
(a) Each day that a violation continues shall constitute a separate violation, unless a District Justice determining that there has been a violation further determines that there was a good faith basis for the person violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation.
(b) All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Borough for the general use of the Borough.
(c) Imprisonment shall not be authorized under this chapter for failure to pay fines.
(3) Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, structure, sign or land is used; or any hedge, shrub, tree or other growth is maintained in violation of this chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy issued under this chapter or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use, then, in addition to any other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.
E. Enforcement evidence. In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough shall have the responsibility of presenting its evidence first.
A Borough fee schedule for permits and applications may be established and amended by written resolution of Borough Council. No application or appeal shall be considered filed until all fees are paid.
Within the requirements of the State Municipalities Planning Code, Borough Council may amend or repeal any or all portions of this chapter on its own motion, or after agreeing to hear a written request of any person, entity, landowner or the Planning Commission.
A landowner or Borough Council may utilize the curative amendment provisions of the State Municipalities Planning Code. (Note: As of the adoption date of this chapter, these such provisions were in Sections 609.1, 609.2 and 916.1 of such Act.)
The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board:
A. Notice of hearings. Notice of all hearings of the Board shall be given as follows:
(1) Ad. Public notice shall be published, as defined by Section 107 of the State Municipalities Planning Code. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
(2) Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. It is the responsibility of the applicant to make sure that such notice is posted and remains posted until the hearing.
(3) Persons given notice. The Borough shall provide written notice to the applicant of the time and place of the hearing. The Borough should also provide notice to the President of Borough Council. Any such notices should be mailed or delivered to the last known address.
B. Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed in writing to an extension of time.
C. Decision/findings.
(1) The Board shall render a written decision on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed in writing to an extension of time.
(2) Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
(3) References shall be provided to the most pertinent section(s) of this chapter and/or the State Municipalities Planning Code.
D. Notice of decision. A copy of the final decision shall be personally delivered or mailed to the applicant or his/her representative or their last known address not later than the time limit established by the State Municipalities Planning Code, as amended. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. [Note: As of the adoption date of this chapter, such provisions were within Sections 908(9) and 908(10) of such Act, including provisions regarding notice to other parties.]
E. State law. See also Section 908 of the Pennsylvania Municipalities Planning Code.
The provisions for appeals to court that are stated in the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, these provisions were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A of such Act.)
See the provisions of the State Municipalities Planning Code, as amended. (Note: As of the adoption date of this chapter, such provisions were within Section 619 of such Act.)
The minimum lot area, minimum lot width and minimum street frontage requirements of this chapter shall not apply to uses or structures owned by Columbia Borough or by a municipal authority created solely by Columbia Borough for such uses and structures.